ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036838
Parties:
| Complainant | Respondent |
Parties | Grzegorz Perczak | Family Bakery Ltd |
Representatives | Self | Andrea Montanelli Peninsula Business Services Ltd |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048089-001 | 11/01/2022 |
Date of Adjudication Hearing: 22/08/2022 and 06/01/2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The first date of the hearing was adjourned as it was evident that the Complainant required support for the translation of his case. He did have a support person on the day who was prepared to assist, however the Respondent Representative objected to this approach. The hearing was then adjourned to another date to allow for an interpreter to be provided by the WRC. When the hearing reconvened on January 6th 2023, the Complainant did not attend. The host for the hearing rang the mobile number provided over a period of fifteen minutes but he advised that the phone rang out. This was the same number he had used when contacting the Complainant a week previously regarding the links for the virtual hearing. A period of twenty minutes was allowed for a late attendance by the Complainant but he did not attend.
Background:
This case is concerned with claims that the Complainant did not receive payment for Sunday work and he was also entitled to payment of expenses/subsistence. |
Summary of Complainant’s Case:
In his complaint form, the complainant submitted complaints regarding non payment Sunday Premium/Pay and also subsistence. |
Summary of Respondent’s Case:
In their written submission, the Complainant rejected the complaints on procedural and other grounds. |
Findings and Conclusions:
I am satisfied that the Complainant received an opportunity for his complaint to be heard; for evidence to be provided by him and that facilities were provided by the WRC for his full participation at the reconvened hearing. In the absence of evidence to support his complaint duly presented to the scheduled hearing, I find the complaint is not well founded |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00048089 Payment of Wages Act 1991 In accordance with Section 6 of the Payment of Wages Act 1991 as amended, I find the complaint made by Gregory Perczak against Family Bakery Ltd is not well founded. |
Dated: 10th February 2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Sunday Pay - Expenses-no attendance |